Constructing the political spectacle : liberal rights versus religion in the court of public opinion

The rights-versus-rites binary in popular legal consciousness

"Islam is the religion of the federation"

Conclusion.

Most Muslim-majority countries have legal systems that enshrine both Islam and liberal rights. While not necessarily at odds, these dual commitments nonetheless provide legal and symbolic resources for activists to advance contending visions for their states and societies. Using the case study of Malaysia, Constituting Religion examines how these legal arrangements enable litigation and feed the construction of a 'rights-versus-rites binary' in law, politics, and the popular imagination. By drawing on extensive primary source material and tracing controversial cases from the court of law to the court of public opinion, this study theorizes the 'judicialization of religion' and the radiating effects of courts on popular legal and religious consciousness. The book documents how legal institutions catalyze ideological struggles, which stand to redefine the nation and its politics. Probing the links between legal pluralism, social movements, secularism, and political Islamism, Constituting Religion sheds new light on the confluence of law, religion, politics, and society. This title is also available as Open Access. (source: Nielsen Book Data) 9781108423946 20181022

Cambridge, United States ; New York : Cambridge University Press, [2018]

Description

Book — x, 187 pages : illustrations ; 24 cm.

Summary

Introduction: constituting religion--

1. The constitutive power of law and courts--

2. The secular roots of Islamic law in Malaysia--

3. Islam and liberal rights in the federal constitution--

4. The judicialization of religion--

5. Constructing the political spectacle: liberal rights versus Islam in the court of public opinion--

6. The rights-versus-rites binary in popular legal consciousness--

7. 'Islam is the religion of the federation'-- Conclusion-- Appendix: religion of the state, source law, and repugnancy clause provisions among Muslim-majority countries-- Bibliography-- Index.

(source: Nielsen Book Data)

Most Muslim-majority countries have legal systems that enshrine both Islam and liberal rights. While not necessarily at odds, these dual commitments nonetheless provide legal and symbolic resources for activists to advance contending visions for their states and societies. Using the case study of Malaysia, Constituting Religion examines how these legal arrangements enable litigation and feed the construction of a 'rights-versus-rites binary' in law, politics, and the popular imagination. By drawing on extensive primary source material and tracing controversial cases from the court of law to the court of public opinion, this study theorizes the 'judicialization of religion' and the radiating effects of courts on popular legal and religious consciousness. The book documents how legal institutions catalyze ideological struggles, which stand to redefine the nation and its politics. Probing the links between legal pluralism, social movements, secularism, and political Islamism, Constituting Religion sheds new light on the confluence of law, religion, politics, and society. This title is also available as Open Access. (source: Nielsen Book Data) 9781108423946 20181022

Political and religious hegemony via the suppression of expression : book banning and film censorship in Malaysia / Azmi Sharom and Saw Tiong Guan.

This book provides a systematic and interdisciplinary examination of law and legal institutions in Malaysia. It examines legal issues from historical, social, and political perspectives, and discusses the role of law in relation to Malaysian multiculturalism, religion, politics, and society. It shows how the Malaysian legal system is at the heart of debates about how to deal with the country's problems, which include ethnic and religious divisions, uneven and unsustainable development, and political authoritarianism; and it argues that the Malaysian legal system has much to teach other plural polities, nations within the common law tradition, and federal states. (source: Nielsen Book Data) 9781138307568 20180409

Chapter 10: Political and Religious Hegemony via the Suppression of Expression: Book Banning and Film Censorship in Malaysia Azmi Sharom and Saw Tiong Guan.

(source: Nielsen Book Data)

This book provides a systematic and interdisciplinary examination of law and legal institutions in Malaysia. It examines legal issues from historical, social, and political perspectives, and discusses the role of law in relation to Malaysian multiculturalism, religion, politics, and society. It shows how the Malaysian legal system is at the heart of debates about how to deal with the country's problems, which include ethnic and religious divisions, uneven and unsustainable development, and political authoritarianism; and it argues that the Malaysian legal system has much to teach other plural polities, nations within the common law tradition, and federal states. (source: Nielsen Book Data) 9781138307568 20180409

In this book, HP Lee explores how the separation of powers doctrine in Malaysia has been adversely affected by a number of major constitutional conflicts among the various important organs of government. The author first analyses the struggle by parliament for supremacy over the Malay Rulers or Sultans by expunging the need for the royal assent to the enactment of legislation and removing royal immunities. Lee then turns to the contemporary role of the Malay Rulers and the reasons for the perceived rejuvenation of these Malay Rulers. The book goes on to examine the series of controversies and scandals which have plagued the judiciary since the tumultuous judiciary crisis of 1988, and the efficacy of the reforms which have been introduced to restore public confidence in the judiciary. These conflicts and a number of statutory enactments are analysed to determine their impact on the state of constitutionalism in Malaysia. The book concludes with the author's thoughts on the trajectory of constitutional development in Malaysia. (source: Nielsen Book Data) 9780198755999 20170403

In this book, HP Lee explores how the separation of powers doctrine in Malaysia has been adversely affected by a number of major constitutional conflicts among the various important organs of government. The author first analyses the struggle by parliament for supremacy over the Malay Rulers or Sultans by expunging the need for the royal assent to the enactment of legislation and removing royal immunities. Lee then turns to the contemporary role of the Malay Rulers and the reasons for the perceived rejuvenation of these Malay Rulers. The book goes on to examine the series of controversies and scandals which have plagued the judiciary since the tumultuous judiciary crisis of 1988, and the efficacy of the reforms which have been introduced to restore public confidence in the judiciary. These conflicts and a number of statutory enactments are analysed to determine their impact on the state of constitutionalism in Malaysia. The book concludes with the author's thoughts on the trajectory of constitutional development in Malaysia. (source: Nielsen Book Data) 9780198755999 20170403

Appointment of arbitral tribunal by the Director of the KLRCA or the High Court

Revocation of authority and removal of arbitrator

Renumeration of arbitrator

Conduct of the arbitrations

Procedure prior to the hearing

Procedure at the hearing

Consequences of default by parties

Evidence in arbitrations

Representation in arbitrations

Powers, duties and liability of the arbitral tribunal

Powers of the arbitral tribunal

Powers of the High Court

Jurisdiction of the High Court

Types of award

Making of the award

Substantive requirements of an award

Mistakes or omissions in the award

Effects of a valid award

Remedies and relief

Award of interest

Costs of the arbitration

Offers of settlement and costs protection

Taxing or settling costs

Challenge to arbitral award

Recourse against award

Effect of order for remission or setting aside award

Enforcement and recognition of arbitral awards

Conflict of laws in arbitration

Investment arbitration

Sports arbitration

Maritime arbitration

Arbitrations conducted under the KLRCA rules

Adjudication under the auspices of the KLRCA.

"New developments bought about by the Arbitration Act 2005 (amended 2011) [are examined]. Each topic draws on current and updated examples of case law, soft law and practical experience from Malaysian and other jurisdictions applying the UNCITRAL model law."-- Provided by publisher.

Economics : the Malaysian state, Darul Arqam, and the Islamic Party of Malaysia

Pro-Sharia discourses : race, religion, and nation

Contra-Sharia discourses : Islamic and secular human rights

Individual views, voices, and practices

Conclusion: Sharia cultural models and sociopolitical projects.

Drawing on ethnographic research, Living Sharia examines the role of sharia in the sociopolitical processes of contemporary Malaysia. The book traces the contested implementation of Islamic family and criminal laws and sharia economics to provide cultural frameworks for understanding sharia among Muslims and non-Muslims. Timothy Daniels explores how the way people think about sharia is often entangled with notions about race, gender equality, nationhood, liberal pluralism, citizenship, and universal human rights. He reveals that Malaysians' ideas about sharia are not isolated from-nor always opposed to-liberal pluralism and secularism. Living Sharia will be of interest to scholars as well as to policy makers, consultants, and professionals working with global NGOs. (source: Nielsen Book Data) 9780295742540 20190211

Drawing on ethnographic research, Living Sharia examines the role of sharia in the sociopolitical processes of contemporary Malaysia. The book traces the contested implementation of Islamic family and criminal laws and sharia economics to provide cultural frameworks for understanding sharia among Muslims and non-Muslims. Timothy Daniels explores how the way people think about sharia is often entangled with notions about race, gender equality, nationhood, liberal pluralism, citizenship, and universal human rights. He reveals that Malaysians' ideas about sharia are not isolated from-nor always opposed to-liberal pluralism and secularism.Living Sharia will be of interest to scholars as well as to policy makers, consultants, and professionals working with global NGOs. (source: Nielsen Book Data) 9780295742557 20171211

On 7 December 2014, a group of 25 prominent Malays (G25) issued an open call for moderate Malays and Muslims to speak out against the hate speeches targeted at non-Muslims by supremacist groups. They stressed that the extremist and intolerant voices do not speak for the general Muslim community, and they called for a review of Shariah law and civil law to be in line with the supremacy of the Federal Constitution. Will it be possible to arrest these destructive forces that are taking control of the future wellbeing of Malaysia? The G25 hopes it would, and that this book will bring greater awareness of the dangers that are tearing apart Malaysian's social fabric. In this important volume, 22 leading academics, lawyers and social activists discuss the impact of Islamic bureaucracy in Malaysia and its consistency with the provisions of the Federal Constitution. They also address the socio-political dimensions and cultural-economic implications on Malaysian society. (source: Nielsen Book Data) 9789814677219 20170502

This book examines good faith in non-marine insurance and takaful (Islamic insurance) contracts in Malaysia, and proposes holistic law reform of the same. The first two-thirds of the book comprise an extensive comparative legal analysis of the issues between Malaysia, Australia and the United Kingdom, with the final third dedicated to a socio-economic analysis of law reform and suggestions for law reform particularly suited to Malaysia. The book evaluates whether the duty of utmost good faith (the cornerstone of insurance and takaful contracts) is effectively regulated and, in turn, observed by insurers (and takaful operators) and insureds alike in Malaysia. The adequacy of the Insurance Act 1996 (Malaysia), the Takaful Act 1984 (Malaysia), the Financial Services Act 2013 (Malaysia) and the Islamic Financial Services Act 2013 (Malaysia) is evaluated, along with the supporting infrastructure and oversight measures introduced by the Malaysian government. In doing so, The book examines the duty of utmost good faith from both a doctrinal and a social science perspective, in order to propose suitable legal reform. (source: Nielsen Book Data) 9789811003813 20161213

"In order to attain its objective of becoming a high-income economy by 2020, Malaysia is engaged in efforts to enhance the performance of its innovation system. A range of challenges need to be addressed and different policy tools can help in this respect. For this purpose the national intellectual property (IP) system can play a pivotal role. This review assesses how Malaysian's national IP system promotes innovation and offers recommendations to improve the design of the system. It does so by analysing the organisation and governance of Malaysia's IP system as well as opportunities and challenges for different local users - ranging from small businesses to frontier companies and public research institutions. Moreover, the review discusses the state of IP markets in Malaysia and related policies and provides a comprehensive set of statistics describing the use of IP in Malaysia in recent years" -- publisher's website.

Malaysia's constitution was set at the independence of the Federation of Malaya in 1957 along the lines of the Westminster model, embracing federalism and constitutional monarchy. That it has endured is explained in terms of the social contract agreed between the leaders of the three main ethnic groups (Malay, Chinese, Indian) before independence. However, increasing ethnic tension erupted in violence in 1969, after which the social contract was remade in ways that contradicted the basic assumptions underlying the 1957 Constitution. The outcome was an authoritarian state that implemented affirmative action in an attempt to orchestrate rapid economic development and more equitable distribution. In recent years constitutionalism, as enshrined in the 1957 Constitution but severely challenged during the high-authoritarianism of Prime Minister Tun Dr Mahathir Mohamad's developmental state, has become increasingly relevant once again. However, conflict over religion has replaced ethnicity as a source of discord. This book examines the Malaysian approach to constitutional governance in light of authoritarianism and continuing inter-communal strife, and explains the ways in which a supposedly doomed colonial text has come to be known as 'our constitution'. (source: Nielsen Book Data) 9781841139715 20160612

1. Historical Background I. Symbolic Malacca II. The Constitution of Malacca and the Malay Concept of Monarchy III. The Colonial Constitutional Experience: the Residential System IV. Federalisation V. The Malayan Union VI. The Federation of Malaya VII. The Reid Commission VIII. The Commission's Report and the Constitutional Debates IX. The Creation of Malaysia X. The May

13 Incident XI. Conclusion Further Reading Websites

2. Executive Power and the Developmental State I. Introduction II. Constitutional Structure of the Executive Power III. Privatisation IV. The Social Contract: Drafted and Amended V. The Social Contract: Specific Performance VI. Conclusion Further Reading Websites

4 Territorial Governance: Monarchy and the State Constitutions I. Introduction II. The Powers and Position of the Rulers III. State Government Formation and the Limits of Royal Powers IV. The Conference of Rulers V. Conclusion Further Reading Websites

5 Territorial Governance: Federal, State and Local Government I. Introduction II. Federal and State Powers: A Measure of Autonomy III. Federal and State Finance IV. Special Position of Sabah and Sarawak V. A Case Study: State Governance in Selangor Post-2008 VI. Local Government VII. Conclusion Further Reading Website

8 Religion and the Constitution I. Introduction II. Law and Religion: History and Context III. Islamicisation and the Islamic State IV. Islam as the Official Religion V. Religious Freedom VI. Conversion and the Courts VII. Conclusion Further Reading Websites Conclusion Index.

(source: Nielsen Book Data)

Malaysia's constitution was set at the independence of the Federation of Malaya in 1957 along the lines of the Westminster model, embracing federalism and constitutional monarchy. That it has endured is explained in terms of the social contract agreed between the leaders of the three main ethnic groups (Malay, Chinese, Indian) before independence. However, increasing ethnic tension erupted in violence in 1969, after which the social contract was remade in ways that contradicted the basic assumptions underlying the 1957 Constitution. The outcome was an authoritarian state that implemented affirmative action in an attempt to orchestrate rapid economic development and more equitable distribution. In recent years constitutionalism, as enshrined in the 1957 Constitution but severely challenged during the high-authoritarianism of Prime Minister Tun Dr Mahathir Mohamad's developmental state, has become increasingly relevant once again. However, conflict over religion has replaced ethnicity as a source of discord. This book examines the Malaysian approach to constitutional governance in light of authoritarianism and continuing inter-communal strife, and explains the ways in which a supposedly doomed colonial text has come to be known as 'our constitution'. (source: Nielsen Book Data) 9781841139715 20160612

This monograph examines the dynamics involved in implementing Islamic law in Southeast Asia, and how this issue has become a source of conflict in Kelantan, Malaysia and Aceh, Indonesia. Using textual and fieldwork methodology, the study compares and contrasts the collective experience of trying to apply Islamic law in these two locations. In both Kelantan and Aceh, Islamic law was first developed in the thirteenth century with the coming of Islam to the region, but was later replaced by colonial legal systems, and then by the jurisprudence of national governments following independence. Reinstituting Islamic law has become a dominant political issue in both countries. Through an analysis of the conditions that have made the emergence of Islamic law in Kelantan and Aceh possible, the author helps extend previous studies on this issue by providing a sociological understanding of religious law as a source of both conflict and identity. Kamaruzzaman Bustamam-Ahmad is a Ph.D. student at La Trobe University, Australia. (source: Nielsen Book Data) 9789749511091 20160604